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HomeMy WebLinkAbout028-1001-80-000(3) r �- � ST. CROIX COUNTY WISCONSIN ------ � ZONING OFFICE p 0 N M M N M�I w ■,.■� ST. CROIX COUNTY GOVERNMENT CENTER 1 I R ad - _ 1101 Carmichae o ,- _ -x----=—�� Hudson WI 54016-7710 I (715) 386-4680 September 16, 1994 File Ref: 49-94 Wahlquist Brothers Route 2 595 200th Street Baldwin, Wisconsin 54002 ATTN: Jeffrey, Charles and Robert RE: Board of Adjustment Decision Gentlemen: The St. Croix County Board of Adjustment has reviewed your application for a variance for a setback from a Class D Road and has approved your application with conditions. The enclosed document is the decision regarding your application. If you have any questions with regard to the decision, please do not hesitate in contacting me. i Sincerely, Thomas C. Nelson Zoning Administrator mz Enclosure cc: Delores Vrieze, Rush River Town Clerk � y + a. i FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 49-94 Complete Application Received: 7/25/94 Hearing Date: 8/26/94 Dates of Publication: Weeks of 8/8/94 and 8/15/94 I FINDINGS OF FACT Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicants are Jeffrey, Charles and Robert Wahlquist whose address is Route 2 , 595 200th Street, Baldwin, Wisconsin 54002 . 2 . The applicants on July 25, 1994 filed with the Zoning Office an application for a variance/setback from Class D Road to construct a 20' x 40' steel silo to be 73 feet from the centerline of 60th Avenue. 3 . The applicants are the owners of the property which is the subject of the application which is located in the NW, of the NW k of Section 1, T28N-R17W, Town of Rush River, St. Croix County, Wisconsin. 4 . The subject property is presently used for farming. 5. The property is zoned Agricultural under the current Zoning Code of the St. Croix County Zoning Ordinance. 6. The Town of Rush River supports the application. (See Exhibit #2 . ) 7 . Introduced as Exhibit #1 was a site plan. Wahlquists also have a 42 ' x 112 ' 1 story barn 86 ' from the center of 60th Street. They also have a 14 ' x 40' silo presently at this site. 8 . It would be convenient for this silo to be placed close to the feed room and they don't feel there is an alternate site for a silo at this time. No silos will be needed closer to the road. They presently milk 50 cows and have 8 to 10 dry at the present time. They would not be expanding any bigger at this time due to there not being enough room. 9 . A literal enforcement of the terms of the Zoning Code would result in unnecessary hardship to the applicant because of the economical impact and also the negative economic impact on the ongoing farming operation. 10. The variance is requested due to limiting physical characteristics of the property because of the placement of the existing structures. CONCLUSIONS OF LAW The Board concludes that: I 1. The Board of Adjustment has authority under Section 17 . 70 (5) (c) 3 to approve or deny an application for a variance. 2 . Section 17 . 64 (1) (d) 2 requires a setback from a Class D highway of 133 feet from the centerline of said highway. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approves the variance for a setback requirement from a Class D Road by the following vote: Chairman Bradley Yes T. Filipiak No T. Dorsey Yes J. Neuman Yes. The application for construction of a 20' x 40' metal silo 73 ' from the centerline of 60th Street is approved with the following conditions: 1. This decision expires on 8/26/94 if the project is not completed before then. No construction may begin or continue after this date unless a decision extension is granted in writing by the Zoning Office prior to the expiration date. 2 . This project must be completed according to the plans submitted. Changes in the project must be submitted to the Board of Adjustment. The Board of Adjustment then must approve the changes in writing before the project starts or continues. 3 . The applicants are responsible for obtaining any permit or approval required for the project by municipal, town or county zoning ordinances before starting the project. 4 . The applicants must provide confirmation to the Zoning Office that they have completed the permit process with all other regulatory agencies. 5 . The applicants must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee who is overseeing the project's construction, operation, or maintenance. 6. The Board of Adjustment may change or revoke this decision if the project becomes detrimental to the public interest. 7 . The applicants must keep a copy of this decision at the project site at all times until the project has been completed. 8 . Tom Nelson, Zoning Administrator, shall be notified prior to beginning the project and upon completion of this project. Call him at 715/386-4680 so that compliance inspections can be made. 9 . The application has been approved with the understanding that any construction equipment used is the right size to do the job and can be brought to and removed from the project site without unreasonable harm to vegetative cover. 10. Accepting this decision and beginning the project means that the applicants have read, understand, and agree to follow all conditions of this decision. APPEAL RIGHTS This decision may be appealed by any person aggrieved by it by filing an action in certiorari in the circuit court of this County within 30 days after the date of filing shown below. The County assumes no liability for and makes no warranty as to the legality of any construction commenced prior to the expiration of this 30- day period or for identifying any person who may claim to be aggrieved by the decision. ZONING BOARD OF ADJUSTMENT Signed Chairperson Attest Zoning Administrator Dated: 9/16/94 Filed: 9/16/94 1v- 7 I LA a S vEnwo..r«Ma.N.J. ILI � n i ap s� 00 � ~ )LI ` a � c I p N O h ti Q � c 4 N CL O N 0)j O C O p Iii N O L � T I o O L m a c a . CL a m z y � Z � v v co Z a °° I O z a c u v o ) Z 4' aci N N � N a o I Q z° zz N o d MQ 'O fA fn fA O C A m 0 0 O •►v R � an. a IL U O ° rn rn z N \ -0 .- O LO 0 0 ... 0 O N O O N a d m V m ¢ m N c ° ¢ zin o �►1 ewe ° ° ', t ° a�i a�i � U £, W ¢ co '° 'a C (D _ N •O �,i' 0 z z z (n � w •.r r \ a a, .0 C L: a �. m c r A L) CL , 0 00) L) OPC/ BOARD OF ADJUSTMENT MEETIN G AN D HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter. ) Friday, August 26, 1994 The meeting was called to order by Chairman Bradley at 9: 04 a.m. A role call was made. All were present except for Jerry Neuman. Dorsey made a motion to approve the agenda, seconded by Mehls. Motion carried. Thursday, September 22 , 1994 will be the date of the next meeting. Jerry Neuman joined the Board at 9 : 05 a.m. NEW BUSINESS: Nelson read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing or Friday, August 26 1994 at 9 : 00 a.m. at the Government g Y, g , Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on- site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1 . ARTICLE: 17 . 15 (6) (d) Contractor Storage Yard APPELLANT: Asphalt Associates/Phil Linehan LOCATION: SW'-„ SW=, , Section 8 , T28N-R18W, Town of Kinnickinnic 2 . ARTICLE: 17 . 15 (6) (d) Contractor Storage Yard APPELLANT: Darrell Dunn LOCATION: SE=, , NW%, , Section 30, T28N-R17W, Town of Pleasant Valley 3 . ARTICLE: 17 . 155 (6) Major Home Occupation APPELLANT: Larry K. and Karen D. Peterson LOCATION: NW-'4 , NW; , Section 26, T29N-R17W, Town of Hammond 4 . ARTICLE: 17 . 18 ( 1) (r) Mini Commercial Storage Building APPELLANT: Michael L. Cody LOCATION: SE-, , SE%, , and the SW%, , SW%„ Section. 33 , T31N-R18W, Town of Star Prairie 5 . ARTICLE: 17 . 70 (3) (c) 3 Temporary Occupancy Permit 17 . 64 (1) (d) Setback from Class D Road APPELLANT: Roger and Renee Miller/Francis Mondor LOCATION: SW' NW' Section 31 , T31N-R18W, Town of Star Prairie 6. ARTICLE: 17 . 29 (2) (a) Filling and Grading on Bed of Navigable Water APPELLANT: Marion Potyondy, Donald Knea, Georgette Ehnstrom and Bill Knea LOCATION: SW; , SE'; , Section 14 , T30N-R19W, Town of Somerset 7 . ARTICLE: 17 . 64 (1) (d) Setback from Class D Road APPELLANT: Jeffrey, Charles and Robert Wahlquist LOCATION: NW'; , NW , , Section 1, T28N-R17W, Town of Rush River 8 . ARTICLE: 17 . 29 (2) (a) Filling and Grading on Bed of Navigable Water APPELLANT: Jim Doornink/Jon-De Farm, Inc. LOCATION: SE%, , NE'; , Section 23 , T28N-R17W, Town of Rush River All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at 715/386-4680. John Bradley, Chairman St. Croix Co. Board of Adjustment Chairman Bradley introduced the other members of the board as being Tom Dorsey, Tim Filipiak, Jerry Neuman and Charles Mehls. Tom Nelson, Zoning Administrator, was present to assist the board with the introduction of the materials as well as recommendations as to how the ordinances applied. On call was Corporation Counsel Greg Timmerman. Chairman Bradley explained the procedures of the hearing requesting that individuals wishing to testify sign their name in the front of the room on the sign up sheet provided. Asphalt Associates/Phil Linehan Nelson indicated that this is a request for a special exception use permit for a contractor storage yard. Introduced as Exhibit #1 was a site plan showing the location of the storage yard; Exhibit #2 , correspondence from the Town of Kinnickinnic stating they approve this request; Exhibit #3 , letter from Linda and Larry Meyers to Tom Nelson stating their concerns about this application. Brent A. Weiss, and Tom Shermon, being duly sworn, stated that the property is owned by Phil Linehan, Mr. Weiss' brother-in-law. Weiss and Shermon have been in business together for 8 years. They moved to the Linehan residence with their business as Weiss would also like to add on to the barn and farm as well . The building would be put up for the asphalt business as well as to store some farm equipment. They would be using the storage yard for 6 months out of the year. They have 6 full-time employees, 7 dump trucks, trailers and pavers. They have always had their business in the Town of Kinnickinnic. Phil Linehan is acquiring complete ownership of the property from his grandfather, Fred, and will be setting up the financing. This would be an ideal spot for their business. County Road SS is built for heavy duty equipment. Fuels, oils and grease would be kept on the site. Entered as Exhibit #4 was a letter from Dorothy and David Nelson. Their hours would be 7 : 00 a.m. to 5 : 00 p.m. , depending upon the day. Their main office is located in Roberts, Wisconsin. Weiss indicated that he would like to clean the place up and make the farm into a show place. They will be putting the shed up, if approved by the Board of Adjustment, or they will have to find an alternate site. Cathy Quiggle, being duly sworn, indicated that she opposes this application. She stated that housing along that road is mainly small children and that it is not a very wide road. It is a danger to the children. There is lots of housing going up now in the area. The road has been newly repaved. She feels that they are using this place for more than a storage yard. She is also concerned about solvent removal and the traffic in the area. Jim Cernahouse, being duly sworn, stated that his main concern is that there are numerous trucks that go by that do not stop at the stop sign by his place. He is also concerned about the operation expanding. Nelson informed him that any expansion would have to be approved by the Board of Adjustment. Linda Sturtevant, being duly sworn, stated she objects to the truck traffic. They get a lot of Bettendorf truck traffic. She won't walk down the road anymore. She is concerned for the safety of herself and her children. She feels this business should be in an industrial park and that it shouldn't be in this area. Sue Schwartz , being duly sworn, stated that she lives around the corner on Town Hall Road. Her children roller blade and bike on the road. She has seen the trucks on that road. Katie Grier, being duly sworn, stated she is concerned about the amount of traffic on the road. She doesn't feel this is an appropriate business in this residential area. She questions the trips the trucks make back to this site. Brent Weiss, previously sworn, stated he will talk with his drivers to make sure they stop at the stop signs. They will be changing oils, tires, motors on the trucks, doing general maintenance on their equipment. The residue from the trucks will be scrubbed off with soap and water. Sue Schwartz , previously sworn, stated she questioned how you can start a business on property you don't own. Bradley indicated that the Board will view the site and render a decision later this date. Darrell Dunn Nelson indicated that this is a request for a special exception use permit for a contractor storage yard. Mr. Dunn has a pumping truck. He pumps out satellites and also has some satellites on hand. Introduced as Exhibit #1 was correspondence from the Town of Pleasant Valley approving the applicant's request for a contractor storage yard. This is an after-the-fact application. Darrell Dunn, being duly sworn, stated that he owns 6 1/2 acres in Pleasant Valley Township. This is a 40' x 56' building which was built to store septic trucks. He has two trucks, with one driver, that being himself. One truck is for a backup. He has 30 satellites which he stores. He has been pumping septic systems for 9 years. This building is tucked in a grove of pines. He doesn't foresee any more trucks in the future, but maybe another driver. There may also be a chance of adding up to 50 satellites. The waste from these satellites he land spreads in the Townships of Kinnickinnic and Troy. To do this, he sucks lime into the truck to stabilize the septage. This sits for half an hour before he spreads it on. Bradley indicated that the Board will view the site and render a decision later this date. Larry and Karen Peterson Nelson indicated that this is a request for a major home occupation. This is not a permitted use but rather a special exception use. Introduced as Exhibit #1 was a site plan, CSM consisting of 2 lots. Lot 3 is the residence and Lot 4 is the machine shop; Exhibit #2 , copy of a Warranty Deed, Ken Peterson to Larry Peterson recorded July 22 , 1994 ; Exhibit #3 , correspondence from the Town of Hammond dated August 22 , 1994 approving the application. Larry Peterson, being duly sworn, stated that he would like to build a machine shop at the site of his new residence. He has no plans for expansion of the business at this time. The hours of his present operation are 6 : 00 a.m. to 7 : 00 p.m. , depending on the work load. As far as solvents are concerned, they use water soluble oil which evaporates and goes out in the chips . The machine shop would be 1200 square feet. He only has one incoming truck and that would be to deliver steel . He does no welding, just machine work. This fall they will begin construction on the house. He indicated that he would have the appropriate extinguishing devises and eye washes for his business. Bradley indicated that the Board will view the site and render a decision later this date. Michael L. Cody Nelson indicated than this is a request for a mini commercial storage building. This is an after-the-fact application. The structures are already on the site. The property in question is zoned commercial . Nelson stated he has no exhibits on this case and has received nothing from the township. Michael L. Cody, being duly sworn, stated back in 1989 he rezoned 2 1/2 acres form Ag-Residential to Commercial . At that time they included Cody's Meat Shop to eliminate the grandfather clause. At that time they submitted blue prints for the storage units. In 1982 he put up one building with 20 units. His intentions at that time were if the business grew he would progress with putting up more sheds. In 1991 he put up a second shed with 20 units. In 1993 he up the third shed, 50 feet longer than the other two with 32 units. At the present time he has 72 units. This last unit is full and he would like to carry on with building more storage units. He indicated that each time he has built a unit he has gone to the township to obtain a building permit. Mr. Cody was questioned as to whether or not he was coming before the Board to update the existing 72 units or if he was requesting additional units at this time. Mr. Cody indicated that he would only be updating the existing 72 units at this time. Neuman indicated that he would like to postpone this hearing until next month due to the fact that Mr. Hines didn't give Mr. Cody the right information for the application. If he is asking for expansion, they would need a new site plan. Mr. Cody indicated that if he did expand the operation, it wouldn't be until the summer or fall of 1995 or the following year. It was indicated to Mr. Cody that the Board would postpone the hearing until next month for him to bring in a site plan for the present 72 units. DILHR also requires approved updated building plans. Mr. Cody stated that he would be willing to come back at a later date to get approval for a 4th building. Whereupon this matter will be continued until September in order for Mr. Cody to come in with a site plan and State approval . Roger and Renee Miller Nelson indicated that this is a request for a temporary occupancy permit and a variance from a Class D road. They would live in the mobile home on the property until the house has been completed. Introduced as Exhibit #1 was a diagram showing the current location of the existing mobile home being 90 feet from the center of the road; Exhibit #2 , blue print site plan showing a setback distance of 57 feet from the right-of-way line, 90 feet from the center of the road, with the leading edge of the new residence and garage, 107 feet to the existing septic system and 52 feet back to the well ; Exhibit #3 , correspondence from the Town of Star Prairie which states they have no objection to the variance; Exhibit #4 , close neighbors who have no objections to the setback request. Roger Miller, being duly sworn, stated that they would like to build a new home. They would not be able to meet the setbacks required due to the contour of the land. They would like to build the house behind where the current mobile home stands, further away from the road. Labeled on Exhibit #2 was "A" , where he would like to put the mobile home and "B" , an alternate site for the mobile home. They plan on living in the mobile home for 90 days, at the most. Before he gets the land in his name he needs the variance. The proposed residence will be no closer than the existing mobile home. Bradley indicated that the Board will view the site and render a decision later this date. Marion Potyondy, Donald Knea, Georgette Ehnstrom and Bill Knea Nelson indicated that this is a request for filling and grading on a bed of navigable water. The is a special exception use request. The request is for adding additional rip rap on the lot. Introduced as Exhibit #1 was a site plan; Exhibit #2 , copy of town board minutes which approves the rip rap application. Tom Dorsey, a member of the Bass Lake Rehabilitation District, indicated that they support this application. Nelson indicated that he has received a verbal from DNR. They oppose extending the rip rap any further out into the lake. Marion Potyondy, being duly sworn, indicated that they have lost 5 feet of shore. This was the old original shoreline. Introduced as Exhibit #3 was a letter dated 7/19/94 from Dan Koich, DNR, which indicated that they have no problems with additional rip rap on the shoreline. Nelson indicated that on August 15, 1994 he and Dan Koich visited the site and at that time Mr. Koich was concerned with projecting further out into the lake. Bass Lake Rehabilitation District expressed concern about the application and stabilizing the lake. They feel it would be valuable to Bass Lake if they proceed with adding additional rip rapping. Potyondy stated they would like to extend 3 feet further out from where it is at now. The last time they did rip rapping was in 1986. Introduced as Exhibit #4 was correspondence dated 11/12/86 from Dan Koich to Harold Barber; Exhibit #5 , correspondence dated October 12 , 1989 to Ed Berget from Dan Koich. Ms. Potyondy indicated that she called the DNR office and then called Tom Nelson. They got the okay from DNR. Her brother called the Zoning Office and was told they needed to go in front of the Somerset Board. They went before the Somerset Board who didn't know why they were even there. Nelson indicated that Dan Koich expressed concern when Koich reviewed the plans which the applicant sent to the Zoning Office who in turn sent them to Koich. Potyondy stated that they just want to reestablish the rip rap which was eroded. Nelson indicated that both he and Koich support stabilizing the rip rap. Bradley indicated that the Board will view the site and render a decision later this date. Jeffrey, Charles and Robert Wahlquist Nelson indicated that this was a request for a variance/setback from a Class D road. The ordinance requires 133 feet from the center of the road. The request is 105 feet on 200th Street and 128 feet from 60th Street. This is a corner area, a double request. Introduced as Exhibit #1 was a site plan. They also have a 42 ' x 112 ' 1 story barn 86' from the center of 60th Street. They are requesting a 20' x 40' silo to be 73 feet from the center of 60th Avenue. They also have a 14 ' x 40' silo presently at this site. Exhibit #2 , correspondence from the Town or Rush River supporting this request. Charles Wahlquist and Jeffrey Wahlquist, being duly sworn, stated this is a request for a 20' x 40' steel silo unit for high moisture corn. They will be blowing corn into the silo. It would be convenient for this silo to be placed there as it is close to the feed room and they don't feel there is an alternate site for a silo at this time. No silos will be needed closer to the road. They presently milk 50 cows and have 8 to 10 dry. They would not be expanding any bigger at this site due to there not being enough room. Bradley indicated that the Board will view the site and render a decision later this date. Jim Doornink/Jon-De Farm, Inc. Nelson indicated that this is a request for filling and grading on a bed of navigable water. This is a special exception use permit request. Introduced as Exhibit #1 was a site plan showing the location of the proposed ford. This would be 300 feet from County Road Y and 300 feet from the p roperty line; Exhibit #2 , correspondence from DNR, Dan Koich, supporting this request; Exhibit #3 , correspondence from the Town of Rush River supporting this request; Exhibit #4 , another piece of correspondence from the Township supporting this application. Jim Doornink, being duly sworn, stated that this project would be on the Rush River. There is water standing there, but not flowing. The water table is high there. They would be digging out no more than 2 feet and putting down anywhere from 2 to 8 inches of rock down so they can cross over the Rush River. There are detailed conditions by the DNR that they need to follow. They need this crossing as they have 7 acres of land across the Rush River which is farmable. Bradley indicated that the Board will view the site and render a decision later this date. DECISIONS Having completed the hearing testimony, the board visited each site in question. Upon completion, the following decisions were rendered: Asphalt Associates/Phil Linehan Motion by Bradley, seconded by Dorsey approving the application for a contractor storage yard with the followin g conditions: 1 ) They can store up to 15 yards of raw materials on the property; 2) They may have up to 7 trucks parked on the property; 3) County Trunk SS is to be the primary route of travel for ingress and egress; 4) No hazardous materials are to be stored on the site; 5) Ownership of the property is to be completed by May of 1995. A role call vote was taken: Neuman, yes; Dorsey, yes; Filipiak, yes; Bradley, yes. Motion carried. Darrell Dunn Motion by Bradley, seconded by Dorsey approving the application for a contractor storage yard with the conditions that there is to be screening on the east property line, they can only have 2 trucks and they can store up to 50 satellites. Role call vote: Filipiak, Y es; Neuman, Y es; Dorsey, Y es; Bradley, Y es. Motion carried. Larry K. and Karen D. Peterson Motion by Bradley, seconded by Dorsey approving the major home occupation with the conditions that solvents are to be properly disposed of and all materials must be stored inside. Role call vote: Dorsey, yes; Neuman, yes; Filipiak, yes; Bradley, yes. Motion carried. Michael L. Cody This matter is postponed until next month in order for Mr. Cody to bring in a site plan and State approval for the existing 72 units. Roger and Renee Miller/Francis Mondor Motion by Neuman, seconded by Dorsey approving the temporary occupancy permit and setback from a Class D road request with the condition that the eave of the house be no closer than 90 feet from the center of the road and the temporary occupancy permit is only good for 120 days. Roll call vote: Filipiak, yes ; Neuman, yes ; Dorsey, yes; Bradley, yes. Motion carried. Marion Potyondy, Donald Knea, Georgette Ehnstrom and Bill Knea Motion by Dorsey, seconded by Bradley approving the request for filling and grading on a bed of navigable water with the condition that the rip rap extend to the toe of the existing rip rap with only hard lime rock or fieldstone. No sandstone is to be used. Role call vote: Dorsey, yes; Filipiak, yes; Neuman, yes ; Bradley, yes . Motion carried. Jeffrey Charles and Robert Wahlquist Motion by Bradley, seconded by Dorsey to approve the variance request for a setback from a Class D road with the condition that they notify the Zoning Office before starting this project and after completion of the project. Role call vote: Neuman, yes; Filipiak, no; Dorsey, yes; Bradley, yes. Motion carried. Jim Doornink/Jon-De Farm, Inc. Motion by Filipiak, seconded by Neuman approving the request for filling and grading on a bed of navigable water with the conditions that they are to follow the DNR regulations and are also to contact the Zoning Office before starting this project and upon completion of said project. Role call vote: Neuman, yes; Filipiak, yes; Dorsey, yes; Bradley, yes. Motion carried. Respectfully submitted: Z�UN/ri erome Neuman, Secretary mz